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       Florida Senate - 2010                              CS for SB 274
       By the Committee on Community Affairs; and Senator Bennett
       578-04320-10                                           2010274c1
    1                        A bill to be entitled                      
    2         An act relating to domestic security; amending s.
    3         163.3175, F.S.; specifying the military installations,
    4         and the local governments associated with those bases,
    5         to which certain provisions of the act apply;
    6         authorizing the Florida Council on Military Base and
    7         Mission Support to recommend changes to military
    8         installations and local governments; requiring
    9         affected local governments to transmit to the
   10         commanding officer of a military installation
   11         information relating to certain proposed changes to
   12         comprehensive plans and land development regulations;
   13         requiring local governments to transmit, at the
   14         request of a commanding officer, copies of
   15         applications for development orders requesting
   16         specified variances or waivers within a zone of
   17         influence of a military installation; requiring a
   18         local government, military installation, the state
   19         land planning agency, and other parties to enter into
   20         mediation if a local government does not adopt
   21         criteria and address compatibility issues relating to
   22         lands adjacent to or closely proximate to existing
   23         military installations in its future land use plan
   24         element of a comprehensive plan by a specified date;
   25         authorizing notification of the Administration
   26         Commission if the local government comprehensive plan
   27         does not contain criteria addressing compatibility by
   28         a specified date; authorizing the imposition of
   29         sanctions by the commission; eliminating definitions;
   30         amending s. 163.3177, F.S.; specifying factors used to
   31         achieve compatibility of lands adjacent to military
   32         installations in a future land use plan element of a
   33         comprehensive plan; amending s. 196.061, F.S.;
   34         providing that valid military orders transferring a
   35         military servicemember are sufficient to maintain
   36         permanent homestead residence status; amending s.
   37         311.12, F.S.; revising provisions relating to seaport
   38         security; prohibiting a seaport from charging any fee
   39         for administration or production of access control
   40         credentials; providing for a fine; deleting certain
   41         provisions relating to seaport security plans;
   42         deleting provisions requiring that the Department of
   43         Law Enforcement administer a statewide seaport access
   44         eligibility reporting system; deleting provisions
   45         requiring that persons seeking authorization to access
   46         secure and restricted areas of a seaport execute an
   47         affidavit; deleting provisions requiring fingerprint
   48         based criminal history checks on seaport employee
   49         applicants, current employees, and other authorized
   50         persons; amending s. 455.02, F.S.; authorizing
   51         temporary professional licensure by the Department of
   52         Business and Professional Regulation of the spouses of
   53         certain active duty members of the Armed Forces;
   54         providing application requirements; requiring criminal
   55         history checks and fees; amending s. 250.10, F.S.;
   56         authorizing the Adjutant General to employ a second
   57         Assistant Adjutant General for Army; revising
   58         accreditation standards for educational institutions
   59         with respect to the Educational Dollars for Duty
   60         education assistance program; providing an effective
   61         date.
   63  Be It Enacted by the Legislature of the State of Florida:
   65         Section 1. Section 163.3175, Florida Statutes, is amended
   66  to read:
   67         163.3175 Legislative findings on compatibility of
   68  development with military installations; exchange of information
   69  between local governments and military installations.—
   70         (1) The Legislature finds that incompatible development of
   71  land close to military installations can adversely affect the
   72  ability of the such an installation to carry out its mission.
   73  The Legislature further finds that such development also
   74  threatens the public safety because of the possibility of
   75  accidents occurring within the areas surrounding the a military
   76  installation. In addition, the economic vitality of a community
   77  is affected when military operations and missions must relocate
   78  because of incompatible urban encroachment. Therefore, the
   79  Legislature finds it desirable for the local governments in the
   80  state to cooperate with military installations in order to
   81  encourage compatible land use, help prevent incompatible
   82  encroachment, and facilitate the continued presence of major
   83  military installations in this state.
   84         (2) Due to their mission and activities, certain major
   85  military installations have a greater potential for experiencing
   86  compatibility and coordination issues than others. Consequently,
   87  this section and the provisions of s. 163.3177(6)(a), relating
   88  to the compatibility of land development with military
   89  installations, apply to the following military installations in
   90  association with the following specified local governments:
   91         (a) Avon Park Air Force Range, associated with Highlands,
   92  Okeechobee, Osceola, and Polk Counties and Avon Park, Sebring,
   93  and Frostproof.
   94         (b) Camp Blanding, associated with Clay, Bradford, and
   95  Putnam Counties.
   96         (c) Eglin Air Force Base and Hurlburt Field, associated
   97  with Gulf, Okaloosa, Santa Rosa, and Walton Counties and Cinco
   98  Bayou, Crestview, Destin, DeFuniak Springs, Fort Walton Beach,
   99  Freeport, Laurel Hill, Mary Esther, Niceville, Shalimar, and
  100  Valparaiso.
  101         (d) Homestead Air Reserve Base, associated with Miami-Dade
  102  County and Homestead.
  103         (e) Jacksonville Training Range Complex, associated with
  104  Lake, Marion, Putnam, and Volusia Counties.
  105         (f) MacDill Air Force Base, associated with Tampa.
  106         (g) Naval Air Station Jacksonville, Marine Corps Blount
  107  Island Command, and outlying landing field Whitehouse,
  108  associated with Jacksonville.
  109         (h) Naval Air Station Key West, associated with Monroe
  110  County and Key West.
  111         (i) Naval Support Activity Panama City, associated with Bay
  112  County, Panama City, and Panama City Beach.
  113         (j) Naval Air Station Pensacola, associated with Escambia
  114  County.
  115         (k) Naval Air Station Whiting Field and its outlying
  116  landing fields, associated with Santa Rosa and Escambia
  117  Counties.
  118         (l) Naval Station Mayport, associated with Atlantic Beach
  119  and Jacksonville.
  120         (m) Patrick Air Force Base and Cape Canaveral Air Force
  121  Station, associated with Brevard County and Satellite Beach.
  122         (n) Tyndall Air Force Base, associated with Bay County and
  123  Mexico Beach and Parker.
  124         (3) The Florida Council on Military Base and Mission
  125  Support may recommend to the Legislature changes to the military
  126  installations and associated local governments specified in
  127  subsection (2) based on the military bases’ potential for
  128  impacts from encroachment and incompatible land use and
  129  development.
  130         (4)(2) Each affected local government shall county in which
  131  a military installation is either wholly or partially located
  132  and each affected local government must transmit to the
  133  commanding officer of an associated military that installation
  134  information relating to proposed changes to comprehensive plans,
  135  plan amendments, and proposed changes to land development
  136  regulations which, if approved, would affect the intensity,
  137  density, or use of the land adjacent to or in close proximity to
  138  the military installation. At the request of the commanding
  139  officer, each affected local government shall also transmit to
  140  the commanding officer copies of applications for development
  141  orders requesting a variance or waiver from height or lighting
  142  restrictions or noise attenuation reduction requirements within
  143  areas defined in the local government’s comprehensive plan as
  144  being in the military installation’s zone of influence. Each
  145  county and affected local government shall provide the military
  146  installation an opportunity to review and comment on the
  147  proposed changes.
  148         (5)(3) The commanding officer or a his or her designee may
  149  provide comments to the county or affected local government on
  150  the impact such proposed changes may have on the mission of the
  151  military installation. Such comments may include:
  152         (a) If the installation has an airfield, whether the such
  153  proposed changes will be incompatible with the safety and noise
  154  standards contained in the Air Installation Compatible Use Zone
  155  (AICUZ) adopted by the military installation for that airfield.;
  156         (b) Whether such changes are incompatible with the
  157  Installation Environmental Noise Management Program (IENMP) of
  158  the United States Army.;
  159         (c) Whether such changes are incompatible with the findings
  160  of a Joint Land Use Study (JLUS) for the area if one has been
  161  completed.; and
  162         (d) Whether the military installation’s mission will be
  163  adversely affected by the proposed actions of the county or
  164  affected local government.
  165         (6)(4) The county or affected local government shall take
  166  into consideration any comments provided pursuant to subsection
  167  (5) by the commanding officer or his or her designee when making
  168  such decision regarding comprehensive planning or land
  169  development regulation. The county or affected local government
  170  shall forward a copy of any such comments regarding
  171  comprehensive plan amendments to the state land planning agency.
  172         (7)(5) To facilitate the exchange of information provided
  173  for in this section, a representative of a military installation
  174  acting on behalf of all military installations within that
  175  jurisdiction shall be included as an ex officio, nonvoting
  176  member of the county’s or affected local government’s land
  177  planning or zoning board.
  178         (8)(6) The commanding officer is encouraged to provide
  179  information about any community planning assistance grants that
  180  may be available to a county or affected local government
  181  through the federal Office of Economic Adjustment as an
  182  incentive for communities to participate in a joint planning
  183  process that would facilitate the compatibility of community
  184  planning and the activities and mission of the military
  185  installation.
  186         (9)If, as required under s. 163.3177(6)(a), a local
  187  government does not adopt criteria and address the compatibility
  188  of lands adjacent to or closely proximate to existing military
  189  installations in its future land use plan element by June 30,
  190  2012, the local government, the military installation, the state
  191  land planning agency, and other parties identified by the
  192  regional planning council, including, but not limited to,
  193  private landowner representatives, shall enter into mediation
  194  conducted pursuant to s. 186.509. If the local government
  195  comprehensive plan does not contain criteria addressing
  196  compatibility by December 31, 2013, the agency may notify the
  197  Administration Commission. The commission may impose sanctions
  198  pursuant to s. 163.3184(11).
  199         (7) As used in this section, the term:
  200         (a) “Affected local government” means a municipality
  201  adjacent to or in close proximity to the military installation
  202  as determined by the state land planning agency.
  203         (b) “Military installation” means a base, camp, post,
  204  station, airfield, yard, center, home port facility for any
  205  ship, or other land area under the jurisdiction of the
  206  Department of Defense, including any leased facility. Such term
  207  does not include any facility used primarily for civil works,
  208  rivers and harbors projects, or flood control projects.
  209         Section 2. Paragraph (a) of subsection (6) of section
  210  163.3177, Florida Statutes, is amended to read:
  211         163.3177 Required and optional elements of comprehensive
  212  plan; studies and surveys.—
  213         (6) In addition to the requirements of subsections (1)-(5)
  214  and (12), the comprehensive plan shall include the following
  215  elements:
  216         (a) A future land use plan element designating proposed
  217  future general distribution, location, and extent of the uses of
  218  land for residential uses, commercial uses, industry,
  219  agriculture, recreation, conservation, education, public
  220  buildings and grounds, other public facilities, and other
  221  categories of the public and private uses of land. Counties are
  222  encouraged to designate rural land stewardship areas, pursuant
  223  to paragraph (11)(d), as overlays on the future land use map.
  224  Each future land use category must be defined in terms of uses
  225  included, and must include standards to be followed in the
  226  control and distribution of population densities and building
  227  and structure intensities. The proposed distribution, location,
  228  and extent of the various categories of land use must shall be
  229  shown on a land use map or map series which shall be
  230  supplemented by goals, policies, and measurable objectives. The
  231  future land use plan shall be based upon surveys, studies, and
  232  data regarding the area, including the amount of land required
  233  to accommodate anticipated growth; the projected population of
  234  the area; the character of undeveloped land; the availability of
  235  water supplies, public facilities, and services; the need for
  236  redevelopment, including the renewal of blighted areas and the
  237  elimination of nonconforming uses which are inconsistent with
  238  the character of the community; the compatibility of uses on
  239  lands adjacent to or closely proximate to military
  240  installations; lands adjacent to an airport as defined in s.
  241  330.35 and consistent with s. 333.02; the discouragement of
  242  urban sprawl; energy-efficient land use patterns accounting for
  243  existing and future electric power generation and transmission
  244  systems; greenhouse gas reduction strategies; and, in rural
  245  communities, the need for job creation, capital investment, and
  246  economic development that will strengthen and diversify the
  247  community’s economy. The future land use plan may designate
  248  areas for future planned development use involving combinations
  249  of types of uses for which special regulations may be necessary
  250  to ensure development in accord with the principles and
  251  standards of the comprehensive plan and this act. The future
  252  land use plan element must shall include criteria to be used to
  253  achieve the compatibility of lands adjacent or closely proximate
  254  to military installations, considering factors identified in s.
  255  163.3175(5), and lands adjacent to an airport as defined in s.
  256  330.35 and consistent with s. 333.02. In addition, for rural
  257  communities, the amount of land designated for future planned
  258  industrial use must shall be based on upon surveys and studies
  259  that reflect the need for job creation, capital investment, and
  260  the necessity to strengthen and diversify the local economies,
  261  and may not be limited solely by the projected population of the
  262  rural community. The future land use plan of a county may also
  263  designate areas for possible future municipal incorporation. The
  264  land use maps or map series must shall generally identify and
  265  depict historic district boundaries and shall designate
  266  historically significant properties meriting protection. For
  267  coastal counties, the future land use element must include,
  268  without limitation, regulatory incentives and criteria that
  269  encourage the preservation of recreational and commercial
  270  working waterfronts as defined in s. 342.07. The future land use
  271  element must clearly identify the land use categories in which
  272  public schools are an allowable use. When delineating the land
  273  use categories in which public schools are an allowable use, a
  274  local government shall include in the categories sufficient land
  275  proximate to residential development to meet the projected needs
  276  for schools in coordination with public school boards and may
  277  establish differing criteria for schools of different type or
  278  size. Each local government shall include lands contiguous to
  279  existing school sites, to the maximum extent possible, within
  280  the land use categories in which public schools are an allowable
  281  use. The failure by a local government to comply with these
  282  school siting requirements will result in the prohibition of the
  283  local government’s ability to amend the local comprehensive
  284  plan, except for plan amendments described in s. 163.3187(1)(b),
  285  until the school siting requirements are met. Amendments
  286  proposed by a local government for purposes of identifying the
  287  land use categories in which public schools are an allowable use
  288  are exempt from the limitation on the frequency of plan
  289  amendments contained in s. 163.3187. The future land use element
  290  must shall include criteria that encourage the location of
  291  schools proximate to urban residential areas to the extent
  292  possible and shall require that the local government seek to
  293  collocate public facilities, such as parks, libraries, and
  294  community centers, with schools to the extent possible and to
  295  encourage the use of elementary schools as focal points for
  296  neighborhoods. For schools serving predominantly rural counties,
  297  defined as a county with a population of 100,000 or fewer, an
  298  agricultural land use category is eligible for the location of
  299  public school facilities if the local comprehensive plan
  300  contains school siting criteria and the location is consistent
  301  with such criteria. Local governments required to update or
  302  amend their comprehensive plan to include criteria and address
  303  compatibility of lands adjacent or closely proximate to existing
  304  military installations, or lands adjacent to an airport as
  305  defined in s. 330.35 and consistent with s. 333.02, in their
  306  future land use plan element shall transmit the update or
  307  amendment to the state land planning agency by June 30, 2012.
  308         Section 3. Section 196.061, Florida Statutes, is amended to
  309  read:
  310         196.061 Rental of homestead to constitute abandonment.—
  311         (1) The rental of an entire dwelling previously claimed to
  312  be a homestead for tax purposes constitutes shall constitute the
  313  abandonment of said dwelling as a homestead, and such said
  314  abandonment continues shall continue until the such dwelling is
  315  physically occupied by the owner thereof. However, such
  316  abandonment of such homestead after January 1 of any year does
  317  shall not affect the homestead exemption for tax purposes for
  318  that particular year if so long as this provision is not used
  319  for 2 consecutive years. The provisions of
  320         (2) This section does shall not apply to a member of the
  321  Armed Forces of the United States whose service in such forces
  322  is the result of a mandatory obligation imposed by the federal
  323  Selective Service Act or who volunteers for service as a member
  324  of the Armed Forces of the United States. Moreover, valid
  325  military orders transferring such member are sufficient to
  326  maintain permanent residence, for the purpose of s. 196.015, for
  327  the member and his or her spouse.
  328         Section 4. Section 311.12, Florida Statutes, is amended to
  329  read:
  330         311.12 Seaport security.—
  331         (1) SECURITY STANDARDS.—
  332         (a) The statewide minimum standards for seaport security
  333  applicable to seaports listed in s. 311.09 shall be those based
  334  on the Florida Seaport Security Assessment 2000 and set forth in
  335  the Port Security Standards Compliance Plan delivered to the
  336  Speaker of the House of Representatives and the President of the
  337  Senate on December 11, 2000. The Office of Drug Control within
  338  the Executive Office of the Governor shall maintain a sufficient
  339  number of copies of the standards at its offices for
  340  distribution to the public and provide copies to each affected
  341  seaport upon request.
  342         (b) A seaport may implement security measures that are more
  343  stringent, more extensive, or supplemental to the minimum
  344  security standards established by this subsection. However, a
  345  seaport may not charge any fee for the administration or
  346  production of any access control credentials in addition to the
  347  fee for the federal Transportation Worker Identification
  348  Credential (TWIC). Any cost associated with the administration
  349  or production of any access card, except for the federal TWIC,
  350  must be paid by the administering authority. Any attempt to pass
  351  the cost of such a credential on to any employee working on the
  352  seaport shall result in a civil fine of $10,000.
  353         (c) The provisions of s. 790.251 are not superseded,
  354  preempted, or otherwise modified in any way by the provisions of
  355  this section.
  356         (2) EXEMPTION.—The Department of Law Enforcement may exempt
  357  all or part of a seaport listed in s. 311.09 from the
  358  requirements of this section if the department determines that
  359  activity associated with the use of the seaport or part of the
  360  seaport is not vulnerable to criminal activity or terrorism. The
  361  department shall periodically review such exemptions to
  362  determine if there is a change in use. Such change may warrant
  363  removal of all or part of the exemption.
  364         (3) SECURITY PLAN.—Each seaport listed in s. 311.09 shall
  365  adopt and maintain a security plan specific to that seaport
  366  which provides for a secure seaport infrastructure that promotes
  367  the safety and security of state residents and visitors and the
  368  flow of legitimate trade and travel.
  369         (a) Every 5 years after January 1, 2007, each seaport
  370  director, with the assistance of the Regional Domestic Security
  371  Task Force and in conjunction with the United States Coast
  372  Guard, shall revise the seaport’s security plan based on the
  373  director’s ongoing assessment of security risks, the risks of
  374  terrorist activities, and the specific and identifiable needs of
  375  the seaport for ensuring that the seaport is in substantial
  376  compliance with the minimum security standards established under
  377  subsection (1).
  378         (b) Each adopted or revised security plan must be reviewed
  379  and approved by the Office of Drug Control and the Department of
  380  Law Enforcement for compliance with federal facility security
  381  assessment requirements under 33 C.F.R. s. 105.305 and the
  382  minimum security standards established under subsection (1).
  383  Within 30 days after completion, a copy of the written review
  384  shall be delivered to the United States Coast Guard, the
  385  Regional Domestic Security Task Force, and the Domestic Security
  386  Oversight Council.
  387         (4) SECURE AND RESTRICTED AREAS.—Each seaport listed in s.
  388  311.09 must clearly designate in seaport security plans, and
  389  clearly identify with appropriate signs and markers on the
  390  premises of a seaport, all secure and restricted areas as
  391  defined by the United States Department of Homeland Security
  392  United States Coast Guard Navigation and Vessel Inspection
  393  Circular No. 03-07 and 49 C.F.R. part 1572. The plans must also
  394  address access eligibility requirements and corresponding
  395  security enforcement authorizations.
  396         (a) The seaport’s security plan must set forth the
  397  conditions and restrictions to be imposed on persons employed
  398  at, doing business at, or visiting the seaport who have access
  399  to secure and restricted areas which are sufficient to provide
  400  substantial compliance with the minimum security standards
  401  established in subsection (1) and federal regulations.
  402         1. All seaport employees and other persons working at the
  403  seaport who have regular access to secure or restricted areas
  404  must comply with federal access control regulations and state
  405  criminal history checks as prescribed in this section.
  406         2. All persons and objects in secure and restricted areas
  407  are subject to search by a sworn state-certified law enforcement
  408  officer, a Class D seaport security officer certified under
  409  Maritime Transportation Security Act guidelines and s. 311.121,
  410  or an employee of the seaport security force certified under the
  411  Maritime Transportation Security Act guidelines and s. 311.121.
  412         3. Persons found in these areas without the proper
  413  permission are subject to the trespass provisions of ss. 810.08
  414  and 810.09.
  415         (b) As determined by the seaport director’s most current
  416  risk assessment under paragraph (3)(a), any secure or restricted
  417  area that has a potential human occupancy of 50 persons or more,
  418  any cruise terminal, or any business operation that is adjacent
  419  to a public access area must be protected from the most probable
  420  and credible terrorist threat to human life.
  421         (c) The seaport must provide clear notice of the
  422  prohibition against possession of concealed weapons and other
  423  contraband material on the premises of the seaport. Any person
  424  in a restricted area who has in his or her possession a
  425  concealed weapon, or who operates or has possession or control
  426  of a vehicle in or upon which a concealed weapon is placed or
  427  stored, commits a misdemeanor of the first degree, punishable as
  428  provided in s. 775.082 or s. 775.083. This paragraph does not
  429  apply to active-duty certified federal or state law enforcement
  430  personnel or persons so designated by the seaport director in
  431  writing.
  432         (d) During a period of high terrorist threat level, as
  433  designated by the United States Department of Homeland Security
  434  or the Department of Law Enforcement, or during an emergency
  435  declared at a port by the seaport security director due to
  436  events applicable to that particular seaport, the management or
  437  controlling authority of the port may temporarily designate any
  438  part of the seaport property as a secure or restricted area. The
  439  duration of such designation is limited to the period in which
  440  the high terrorist threat level is in effect or a port emergency
  441  exists.
  443  legislative appropriations, the Department of Law Enforcement
  444  shall administer a statewide seaport access eligibility
  445  reporting system.
  446         (a)The system must include, at a minimum, the following:
  447         1.A centralized, secure method of collecting and
  448  maintaining fingerprints, other biometric data, or other means
  449  of confirming the identity of persons authorized to enter a
  450  secure or restricted area of a seaport.
  451         2.A methodology for receiving from and transmitting
  452  information to each seaport regarding a person’s authority to
  453  enter a secure or restricted area of the seaport.
  454         3.A means for receiving prompt notification from a seaport
  455  when a person’s authorization to enter a secure or restricted
  456  area of a seaport has been suspended or revoked.
  457         4.A means to communicate to seaports when a person’s
  458  authorization to enter a secure or restricted area of a seaport
  459  has been suspended or revoked.
  460         (b)Each seaport listed in s. 311.09 is responsible for
  461  granting, modifying, restricting, or denying access to secure
  462  and restricted areas to seaport employees, other persons working
  463  at the seaport, visitors who have business with the seaport, or
  464  other persons regularly appearing at the seaport. Based upon the
  465  person’s criminal history check, each seaport may determine the
  466  specific access eligibility to be granted to that person. Each
  467  seaport is responsible for access eligibility verification at
  468  its location.
  469         (c)Upon determining that a person is eligible to enter a
  470  secure or restricted area of a port pursuant to subsections (6)
  471  and (7), the seaport shall, within 3 business days, report the
  472  determination to the department for inclusion in the system.
  473         (d)All information submitted to the department regarding a
  474  person’s access eligibility screening may be retained by the
  475  department for subsequent use in promoting seaport security,
  476  including, but not limited to, the review of the person’s
  477  criminal history status to ensure that the person has not become
  478  disqualified for such access.
  479         (e)The following fees may not be charged by more than one
  480  seaport and shall be paid by the seaport, another employing
  481  entity, or the person being entered into the system to the
  482  department or to the seaport if the seaport is acting as an
  483  agent of the department for the purpose of collecting the fees:
  484         1.The cost of the state criminal history check under
  485  subsection (7).
  486         2.A $50 fee to cover the initial cost of entering the
  487  person into the system and an additional $50 fee every 5 years
  488  thereafter to coincide with the issuance of the federal
  489  Transportation Worker Identification Credential described in
  490  subsection (6). The fee covers all costs for entering or
  491  maintaining the person in the system including the retention and
  492  use of the person’s fingerprint, other biometric data, or other
  493  identifying information.
  494         3.The seaport entering the person into the system may
  495  charge an administrative fee to cover, but not exceed, the
  496  seaport’s actual administrative costs for processing the results
  497  of the state criminal history check and entering the person into
  498  the system.
  499         (f)All fees identified in paragraph (e) must be paid
  500  before the person may be granted access to a secure or
  501  restricted area. Failure to comply with the criminal history
  502  check and failure to pay the fees are grounds for immediate
  503  denial of access.
  504         (g)Persons, corporations, or other business entities that
  505  employ persons to work or do business at seaports shall notify
  506  the seaport of the termination, resignation, work-related
  507  incapacitation, or death of an employee who has access
  508  permission.
  509         1.If the seaport determines that the person has been
  510  employed by another appropriate entity or is self-employed for
  511  purposes of performing work at the seaport, the seaport may
  512  reinstate the person’s access eligibility.
  513         2.A business entity’s failure to report a change in an
  514  employee’s work status within 7 days after the change may result
  515  in revocation of the business entity’s access to the seaport.
  516         (h)In addition to access permissions granted or denied by
  517  seaports, access eligibility may be restricted or revoked by the
  518  department if there is a reasonable suspicion that the person is
  519  involved in terrorism or criminal violations that could affect
  520  the security of a port or otherwise render the person ineligible
  521  for seaport access.
  522         (i)Any suspension or revocation of port access must be
  523  reported by the seaport to the department within 24 hours after
  524  such suspension or revocation.
  525         (j)The submission of information known to be false or
  526  misleading to the department for entry into the system is a
  527  felony of the third degree, punishable as provided in s.
  528  775.082, s. 775.083, or s. 775.084.
  530         (a) Any person seeking authorization for unescorted access
  531  to secure and restricted areas of a seaport must possess, unless
  532  waived under paragraph (7)(e), a valid federal Transportation
  533  Worker Identification Credential (TWIC). and execute an
  534  affidavit under oath which provides TWIC identification
  535  information and indicates the following:
  536         1.The TWIC is currently valid and in full force and
  537  effect.
  538         2.The TWIC was not received through the waiver process for
  539  disqualifying criminal history allowed by federal law.
  540         3.He or she has not, in any jurisdiction, civilian or
  541  military, been convicted of, entered a plea of guilty or nolo
  542  contendere to, regardless of adjudication, or been found not
  543  guilty by reason of insanity, of any disqualifying felony under
  544  subsection (7) or any crime that includes the use or possession
  545  of a firearm.
  546         (b)Upon submission of a completed affidavit as provided in
  547  paragraph (a), the completion of the state criminal history
  548  check as provided in subsection (7), and payment of all required
  549  fees under subsection (5), a seaport may grant the person access
  550  to secure or restricted areas of the port.
  551         (c)Any port granting a person access to secure or
  552  restricted areas shall report the grant of access to the
  553  Department of Law Enforcement for inclusion in the access
  554  eligibility reporting system under subsection (5) within 3
  555  business days.
  556         (d)The submission of false information on the affidavit
  557  required by this section is a felony of the third degree,
  558  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  559  Upon conviction for a violation of this provision, the person
  560  convicted forfeits all privilege of access to secure or
  561  restricted areas of a seaport and is disqualified from future
  562  approval for access to such areas.
  563         (e)Any affidavit form created for use under this
  564  subsection must contain the following statement in conspicuous
  568  SEAPORT.”
  569         (f)Upon each 5-year renewal of a person’s TWIC, the person
  570  must submit another affidavit as required by this subsection.
  571         (7)CRIMINAL HISTORY SCREENING.—A fingerprint-based
  572  criminal history check must be performed on employee applicants,
  573  current employees, and other persons authorized to regularly
  574  enter a secure or restricted area, or the entire seaport if the
  575  seaport security plan does not designate one or more secure or
  576  restricted areas.
  577         (a)A person is disqualified from employment or unescorted
  578  access if the person:
  579         1.Was convicted of, or entered a plea of guilty or nolo
  580  contendere to, regardless of adjudication, any of the offenses
  581  listed in paragraph (b) in any jurisdiction, civilian or
  582  military, including courts-martial conducted by the Armed Forces
  583  of the United States, during the 7 years before the date of the
  584  person’s application for access; or
  585         2.Was released from incarceration, or any supervision
  586  imposed as a result of sentencing, for committing any of the
  587  disqualifying crimes listed in paragraph (b) in any
  588  jurisdiction, civilian or military, during the 5 years before
  589  the date of the person’s application for access.
  590         (b)Disqualifying offenses include:
  591         1.An act of terrorism as defined in s. 775.30.
  592         2.A violation involving a weapon of mass destruction or a
  593  hoax weapon of mass destruction as provided in s. 790.166.
  594         3.Planting of a hoax bomb as provided in s. 790.165.
  595         4.A violation of s. 876.02 or s. 876.36.
  596         5.A violation of s. 860.065.
  597         6.Trafficking as provided in s. 893.135.
  598         7.Racketeering activity as provided in s. 895.03.
  599         8.Dealing in stolen property as provided in s. 812.019.
  600         9.Money laundering as provided in s. 896.101.
  601         10.Criminal use of personal identification as provided in
  602  s. 817.568.
  603         11.Bribery as provided in s. 838.015.
  604         12.A violation of s. 316.302, relating to the transport of
  605  hazardous materials.
  606         13.A forcible felony as defined in s. 776.08.
  607         14.A violation of s. 790.07.
  608         15.Any crime that includes the use or possession of a
  609  firearm.
  610         16.A felony violation for theft as provided in s. 812.014.
  611         17.Robbery as provided in s. 812.13.
  612         18.Burglary as provided in s. 810.02.
  613         19.Any violation involving the sale, manufacture,
  614  delivery, or possession with intent to sell, manufacture, or
  615  deliver a controlled substance.
  616         20.Any offense under the laws of another jurisdiction that
  617  is similar to an offense listed in this paragraph.
  618         21.Conspiracy or attempt to commit any of the offenses
  619  listed in this paragraph.
  620         (c)Each individual who is subject to a criminal history
  621  check shall file a complete set of fingerprints taken in a
  622  manner acceptable to the Department of Law Enforcement for state
  623  processing. The results of the criminal history check must be
  624  reported to the requesting seaport and may be shared among
  625  seaports.
  626         (d)All fingerprints submitted to the Department of Law
  627  Enforcement shall be retained by the department and entered into
  628  the statewide automated fingerprint identification system
  629  established in s. 943.05(2)(b) and available for use in
  630  accordance with s. 943.05(2)(g) and (h). An arrest record that
  631  is identified with the retained fingerprints of a person subject
  632  to the screening shall be reported to the seaport where the
  633  person has been granted access to a secure or restricted area.
  634  If the fingerprints of a person who has been granted access were
  635  not retained, or are otherwise not suitable for use by the
  636  department, the person must be refingerprinted in a manner that
  637  allows the department to perform its functions as provided in
  638  this section.
  639         (e)The Department of Law Enforcement shall establish a
  640  waiver process for a person who does not have a TWIC, obtained a
  641  TWIC though a federal waiver process, or is found to be
  642  unqualified under paragraph (a) and denied employment by a
  643  seaport or unescorted access to secure or restricted areas. If
  644  the person does not have a TWIC and a federal criminal history
  645  record check is required, the Department of Law Enforcement may
  646  forward the person’s fingerprints to the Federal Bureau of
  647  Investigation for a national criminal history record check. The
  648  cost of the national check must be paid by the seaport, which
  649  may collect it as reimbursement from the person.
  650         1.Consideration for a waiver shall be based on the
  651  circumstances of any disqualifying act or offense, restitution
  652  made by the individual, and other factors from which it may be
  653  determined that the individual does not pose a risk of engaging
  654  in any act within the public seaports regulated under this
  655  chapter that would pose a risk to or threaten the security of
  656  the seaport and the public’s health, safety, or welfare.
  657         2.The waiver process begins when an individual who has
  658  been denied initial employment within or denied unescorted
  659  access to secure or restricted areas of a public seaport submits
  660  an application for a waiver and a notarized letter or affidavit
  661  from the individual’s employer or union representative which
  662  states the mitigating reasons for initiating the waiver process.
  663         3.Within 90 days after receipt of the application, the
  664  administrative staff of the Parole Commission shall conduct a
  665  factual review of the waiver application. Findings of fact shall
  666  be transmitted to the department for review. The department
  667  shall make a copy of those findings available to the applicant
  668  before final disposition of the waiver request.
  669         4.The department shall make a final disposition of the
  670  waiver request based on the factual findings of the
  671  investigation by the Parole Commission. The department shall
  672  notify the waiver applicant of the final disposition of the
  673  waiver.
  674         5.The review process under this paragraph is exempt from
  675  chapter 120.
  676         6.By October 1 of each year, each seaport shall report to
  677  the department each instance of denial of employment within, or
  678  access to, secure or restricted areas, and each instance waiving
  679  a denial occurring during the last 12 months. The report must
  680  include the identity of the individual affected, the factors
  681  supporting the denial or waiver, and any other material factors
  682  used to make the determination.
  683         (f)In addition to the waiver procedure established by the
  684  Department of Law Enforcement under paragraph (e), each seaport
  685  security plan may establish a procedure to appeal a denial of
  686  employment or access based upon procedural inaccuracies or
  687  discrepancies regarding criminal history factors established
  688  pursuant to this subsection.
  689         (g)Each seaport may allow immediate waivers on a temporary
  690  basis to meet special or emergency needs of the seaport or its
  691  users. Policies, procedures, and criteria for implementation of
  692  this paragraph must be included in the seaport security plan.
  693  All waivers granted by the seaports pursuant to this paragraph
  694  must be reported to the department within 30 days after
  695  issuance.
  696         (6)(8) WAIVER FROM SECURITY REQUIREMENTS.—The Office of
  697  Drug Control and the Department of Law Enforcement may modify or
  698  waive any physical facility requirement or other requirement
  699  contained in the minimum security standards upon a determination
  700  that the purposes of the standards have been reasonably met or
  701  exceeded by the seaport requesting the modification or waiver.
  702  An alternate means of compliance must not diminish the safety or
  703  security of the seaport and must be verified through an
  704  extensive risk analysis conducted by the seaport director.
  705         (a) Waiver requests shall be submitted in writing, along
  706  with supporting documentation, to the Office of Drug Control and
  707  the Department of Law Enforcement. The office and the department
  708  have 90 days to jointly grant or reject the waiver, in whole or
  709  in part.
  710         (b) The seaport may submit any waivers that are not granted
  711  or are jointly rejected to the Domestic Security Oversight
  712  Council for review within 90 days. The council shall recommend
  713  that the Office of Drug Control and the Department of Law
  714  Enforcement grant the waiver or reject the waiver, in whole or
  715  in part. The office and the department shall give great weight
  716  to the council’s recommendations.
  717         (c) A request seeking a waiver from the seaport law
  718  enforcement personnel standards established under s. 311.122(3)
  719  may not be granted for percentages below 10 percent.
  720         (d) Any modifications or waivers granted under this
  721  subsection shall be noted in the annual report submitted by the
  722  Department of Law Enforcement pursuant to subsection (8) (10).
  723         (7)(9) INSPECTIONS.—It is the intent of the Legislature
  724  that the state’s seaports adhere to security practices that are
  725  consistent with the risks assigned to each seaport through the
  726  ongoing risk assessment process established in paragraph (3)(a).
  727         (a) The Department of Law Enforcement, or any entity
  728  designated by the department, shall conduct at least one annual
  729  unannounced inspection of each seaport to determine whether the
  730  seaport is meeting the minimum security standards established
  731  pursuant to subsection (1) and to identify seaport security
  732  changes or improvements needed or otherwise recommended.
  733         (b) The Department of Law Enforcement, or any entity
  734  designated by the department, may conduct additional announced
  735  or unannounced inspections or operations within or affecting any
  736  seaport to test compliance with, or the effectiveness of,
  737  security plans and operations at each seaport, to determine
  738  compliance with physical facility requirements and standards, or
  739  to assist the department in identifying changes or improvements
  740  needed to bring a seaport into compliance with minimum security
  741  standards.
  742         (c) Within 30 days after completing the inspection report,
  743  the department shall submit a copy of the report to the Domestic
  744  Security Oversight Council.
  745         (d) A seaport may request that the Domestic Security
  746  Oversight Council review the findings in the department’s report
  747  as they relate to the requirements of this section. The council
  748  may review only those findings that are in dispute by the
  749  seaport. In reviewing the disputed findings, the council may
  750  concur in the findings of the department or the seaport or may
  751  recommend corrective action to the seaport. The department and
  752  the seaport shall give great weight to the council’s findings
  753  and recommendations.
  754         (e) All seaports shall allow the Department of Law
  755  Enforcement, or an entity designated by the department,
  756  unimpeded access to affected areas and facilities for the
  757  purpose of plan or compliance inspections or other operations
  758  authorized by this section.
  759         (8)(10) REPORTS.—The Department of Law Enforcement, in
  760  consultation with the Office of Drug Control, shall annually
  761  complete a report indicating the observations and findings of
  762  all reviews, inspections, or other operations relating to the
  763  seaports conducted during the year and any recommendations
  764  resulting from such reviews, inspections, and operations. A copy
  765  of the report shall be provided to the Governor, the President
  766  of the Senate, the Speaker of the House of Representatives, the
  767  governing body of each seaport or seaport authority, and each
  768  seaport director. The report must include each director’s
  769  response indicating what actions, if any, have been taken or are
  770  planned to be taken pursuant to the observations, findings, and
  771  recommendations reported by the department.
  772         (9)(11) FUNDING.—
  773         (a) In making decisions regarding security projects or
  774  other funding applicable to each seaport listed in s. 311.09,
  775  the Legislature may consider the Department of Law Enforcement’s
  776  annual report under subsection (8) (10) as authoritative,
  777  especially regarding each seaport’s degree of substantial
  778  compliance with the minimum security standards established in
  779  subsection (1).
  780         (b) The Legislature shall regularly review the ongoing
  781  costs of operational security on seaports, the impacts of this
  782  section on those costs, mitigating factors that may reduce costs
  783  without reducing security, and the methods by which seaports may
  784  implement operational security using a combination of sworn law
  785  enforcement officers and private security services.
  786         (c) Subject to the provisions of this chapter and
  787  appropriations made for seaport security, state funds may not be
  788  expended for security costs without certification of need for
  789  such expenditures by the Office of Ports Administrator within
  790  the Department of Law Enforcement.
  791         (d) If funds are appropriated for seaport security, the
  792  Office of Drug Control, the Department of Law Enforcement, and
  793  the Florida Seaport Transportation and Economic Development
  794  Council shall mutually determine the allocation of such funds
  795  for security project needs identified in the approved seaport
  796  security plans. Any seaport that receives state funds for
  797  security projects must enter into a joint participation
  798  agreement with the appropriate state entity and use the seaport
  799  security plan as the basis for the agreement.
  800         1. If funds are made available over more than 1 fiscal
  801  year, the agreement must reflect the entire scope of the project
  802  approved in the security plan and, as practicable, allow for
  803  reimbursement for authorized projects over more than 1 year.
  804         2. The agreement may include specific timeframes for
  805  completion of a security project and the applicable funding
  806  reimbursement dates. The agreement may also require a
  807  contractual penalty of up to $1,000 per day to be imposed for
  808  failure to meet project completion dates if state funding is
  809  available. Any such penalty shall be deposited into the State
  810  Transportation Trust Fund and used for seaport security
  811  operations and capital improvements.
  812         Section 5. Section 455.02, Florida Statutes, is amended to
  813  read:
  814         455.02 Licensure of members of the Armed Forces in good
  815  standing with administrative boards and their spouses.—
  816         (1) Any member of the Armed Forces of the United States now
  817  or hereafter on active duty who, at the time of becoming such a
  818  member, was in good standing with any administrative board of
  819  the state and was entitled to practice or engage in his or her
  820  profession or vocation in the state shall be kept in good
  821  standing by such administrative board, without registering,
  822  paying dues or fees, or performing any other act on his or her
  823  part to be performed, as long as he or she is a member of the
  824  Armed Forces of the United States on active duty and for a
  825  period of 6 months after discharge from active duty as a member
  826  of the Armed Forces of the United States, if provided he or she
  827  is not engaged in his or her licensed profession or vocation in
  828  the private sector for profit.
  829         (2) The boards listed in s. 20.165 shall adopt promulgate
  830  rules that exempt exempting the spouse spouses of a member
  831  members of the Armed Forces of the United States from licensure
  832  renewal provisions, but only in cases of his or her absence from
  833  the state because of his or her spouse’s their spouses’ duties
  834  with the Armed Forces.
  835         (3) The department may issue a temporary professional
  836  license to the spouse of an active duty member of the Armed
  837  Forces of the United States if the spouse applies to the
  838  department in the format prescribed by the department.
  839         (a) An application must include proof that:
  840         1. The applicant is married to a member of the Armed Forces
  841  of the United States who is on active duty.
  842         2. The applicant holds a valid license for the profession
  843  issued by another state, the District of Columbia, any
  844  possession or territory of the United States, or any foreign
  845  jurisdiction.
  846         3. The applicant’s spouse is assigned to a duty station in
  847  this state and the applicant is also assigned to a duty station
  848  in this state pursuant to the member’s official active duty
  849  military orders.
  850         4. A complete set of the applicant’s fingerprints has been
  851  submitted to the Department of Law Enforcement for a statewide
  852  criminal history check.
  853         a. The Department of Law Enforcement shall forward the
  854  fingerprints to the Federal Bureau of Investigation for a
  855  national criminal history check. The department shall, and the
  856  board may, review the results of the criminal history checks
  857  according to the level 2 screening standards in s. 435.04 and
  858  determine whether the applicant meets the licensure
  859  requirements.
  860         b. The costs of fingerprint processing shall be borne by
  861  the applicant. If the applicant’s fingerprints are submitted
  862  through an authorized agency or vendor, the agency or vendor
  863  shall collect the required processing fees and remit the fees to
  864  the Department of Law Enforcement.
  865         (b) An application must be accompanied by an application
  866  fee prescribed by the department that is sufficient to cover the
  867  cost of issuance of the temporary license.
  868         (c) A temporary license expires 6 months after the date of
  869  issuance and is not renewable.
  870         Section 6. Subsections (4) and (7) of section 250.10,
  871  Florida Statutes, are amended to read:
  872         250.10 Appointment and duties of the Adjutant General.—
  873         (4) Subject to confirmation by the Senate, the Adjutant
  874  General:
  875         (a) Shall, subject to confirmation by the Senate, employ a
  876  federally recognized officer of the Florida National Guard, who
  877  has served in the Florida Army Guard for the preceding 5 years
  878  and attained the rank of colonel or higher at the time of
  879  appointment, to be the Assistant Adjutant General for Army.
  880         (b) May employ an additional federally recognized officer
  881  of the Florida National Guard, who has served in the Florida
  882  Army Guard for the preceding 5 years and attained the rank of
  883  colonel or higher at the time of appointment, to be a second
  884  Assistant Adjutant General for Army.
  886  Each The officer shall perform the duties required by the
  887  Adjutant General.
  888         (7) The Adjutant General shall develop an education
  889  assistance program for members in good standing of the Florida
  890  National Guard who enroll in an authorized course of study at a
  891  public or nonpublic institution of higher learning in the state
  892  which has been accredited by an accrediting body recognized by
  893  the United States Department of Education or licensed by the
  894  Commission for Independent Education the Commission on Colleges
  895  of the Southern Association of Colleges and Schools. This
  896  program shall be known as the Educational Dollars for Duty
  897  program (EDD).
  898         (a) The program shall set forth application requirements,
  899  including, but not limited to, those requiring requirements that
  900  the applicant:
  901         1. Be 17 years of age or older.
  902         2. Be presently domiciled in the state.
  903         3. Be an active drilling member and in good standing in the
  904  Florida National Guard at the beginning of and throughout the
  905  entire academic term for which benefits are received.
  906         4. Maintain continuous satisfactory participation in the
  907  Florida National Guard for any school term for which exemption
  908  benefits are received.
  909         5. Upon enrollment in the program, complete a memorandum of
  910  agreement to comply with the rules of the program and serve in
  911  the Florida National Guard for the period specified in the
  912  member’s enlistment or reenlistment contract.
  913         (b) The program shall define those members of the Florida
  914  National Guard who are ineligible to participate in the program
  915  and those courses of study which are not authorized for the
  916  program.
  917         1. Ineligible members include, but are not limited to, any
  918  member, commissioned officer, warrant officer, or enlisted
  919  person who has obtained a master’s degree using the program.
  920         2. Courses not authorized include noncredit courses,
  921  courses that do not meet degree requirements, courses that do
  922  not meet requirements for completion of career training, or
  923  other courses as determined by program definitions.
  924         3. College-preparatory courses are authorized for the
  925  program.
  926         (c) The Adjutant General shall adopt rules for the overall
  927  policy, guidance, administration, implementation, and proper use
  928  of the program. Such rules must include, but not be limited to,
  929  guidelines for certification by the Adjutant General of a guard
  930  member’s eligibility, procedures for notification to an
  931  institution of a guard member’s termination of eligibility, and
  932  procedures for restitution when a guard member fails to comply
  933  with the penalties described in this section.
  934         Section 7. This act shall take effect July 1, 2010.

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